SUBHADRA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner herein, who vide order dtd. 14/10/2025 (Annexure P -2) came to be promoted from the post of Peon to Laboratory Attendant, approached this Court in the instant proceedin s, seeking therein direction to respondents to relieve her.

(2.) Having regard to the nature of dispute, this Court vide order dtd. 1/12/2025 called upon learned Additional Advocate General to have instructions. Pursuant to afore order, Mr. Ravi Chauhan, learned Deputy Advocate General, has made available communication dtd. 1/12/2025, issued under the signatures of Deputy Director of School Education (Sec.), Kangra at Dharamshala, which is taken on record. Careful perusal of aforesaid communication though suggests that petitioner has been promoted from the post of Peon to Laboratory Attendant, but since factum with regard to her enhancement of qualification from 8th to 10th never came to be recorded in the service record, she was not relieved in terms of order dtd. 14/10/2025, wherein under terms & conditions, it has been categorically observed that if any promotee has passed his/her matriculation examination during his/her service period, in such case it may be ensured that whether the concerned has obtained necessary permission/NOC from the respective DDO to do so and thereafter promotee may be relieved to join the other station. Since in the case at hand, petitioner never btained NOC from the respective DDO, she has not been relieved.

(3.) In view of aforesaid, this Court does not see any reason to issue directions, as has been prayed for in the instant petition, however, having taken note of Clause 7 of the terms & conditions contained in the order dtd. 14/10/2025, petitioner may approach competent authority for clarification.